A divorce separation agreement is an important document which spells out certain rights during a couple's separation. It is a contract and a legally binding agreement between spouses. How long it lasts depends upon what is included in it.
Separation Agreement With a Listed End Date
Some separation agreements specifically state how long the agreement will last. The parties may intend for the agreement to last until a certain date. The parties can agree upon the end date in their separation agreement.
Separation Agreement as Part of a Divorce Proceeding
A separation agreement can be incorporated into a divorce proceeding, although the existence of a separation agreement does not mean the parties have to divorce. Nevertheless, it is crucial to have the agreement written carefully because it may last long after the parties have been divorced.
If the agreement will be in effect after the divorce, it will usually spell out rights including custody, visitation, child support, spousal support, life insurance, health insurance, division of personal and real property, college payments, taxes, pensions, and payment of debts. The agreement can affect parties for a long time, especially if there are children. If the parties have young children and the agreement includes what happens during the children's college years, the agreement will last at least until the youngest child graduates.
Separation Agreement Lasting Only Until a Divorce Occurs
It is possible for a separation agreement to last only until divorce proceedings are concluded. If the parties intend to get a legal separation before getting a divorce, they may decide to re-negotiate their separation agreement when they file for divorce, depending on their state's laws. The agreement may specifically state that the agreement lasts only until the divorce occurs. At the divorce proceeding, the parties may be able to decide whether they want to continue the separation agreement or whether they want to agree to new terms.
Separation Agreement Lasting for the Life of the Parties
Some separation agreements contain provisions that require the agreement to last during the parties' lives. The agreement will last this long if there is something that needs to be addressed during their lives. Any number of provisions can make an agreement last for a lifetime, such as where one party is not permitted to ever contact the other party at work.
Separation Agreement Lasting Beyond the Parties' Lifetime
There may be provisions in a separation agreement which extend past the parties' lifetime, such as provisions pertaining to the children or a family business.
Consult an Attorney
A separation agreement should be drafted so there is no question as to division of property and other rights. Consult an attorney because only an attorney can give you legal advice. An experienced family attorney will know how to draft a comprehensive separation agreement.
